Anil Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.46063 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46063 of 2017 Arising Out of PS.Case No. -67 Year- 2014 Thana -CHANDMUNDI District- JAMUI ====================================================== Anil Paswan, Son of Dhaneshwar Paswan, resident of Village - Chihra, P.S.-Chandramandi, District-Jamui.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Ranjan, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Chandramandi P.S. Case No. 67 of 2014 registered under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Two rifles are said to have been recovered and seized from the house of Dhaneshwar Paswan who has divulged the police that the said arms have been kept by his son Anil Paswan.

It is submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from the conscious physical possession of the petitioner rather from the house of his father Dhaneshwar Paswan. His name has surfaced in the case only on the basis of the confessional statement of

Patna High Court Cr.Misc. No.46063 of 2017 (2) dt.20-09-2017 Dhaneshwar Paswan. The said Dhaneshwar Paswan has been enlarged on bail by a co-ordinate bench of this Court vide order dated 30.03.2015 passed in Cr. Misc. No. 7171 of 2015. He has been languishing in custody since 15.05.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Jamui in connection with Chandramandi P.S. Case No. 67 of 2014.

(Prakash Chandra Jaiswal, J) Mishra/- U T